Archived
Is it still considered breach of contract if we came to agreement of letting me out of the lease also for her convenience?
Jethro's answer
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Answered on March 10, 2016
I agree with Mr. Moss' analysis.
If the owner continues to refuse to refund the deposit (which she has to timely and appropriately account for...
Archived
Can I serve a 3 day to quit notice after a 30 day notice to vacate?
Jethro's answer
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Answered on March 10, 2016
If you demand/accept rent, this would normally waive/invalidate the 30 day notice, because you would either be reinstating the old tenancy, or...
Archived
Can I SUE my landlord for negligence f during a eviction against me and use the fire that happened on PROPERTY ?
Jethro's answer
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Answered on March 10, 2016
If you have not already done so, you can complain to the appropriate city departments (e.g. Department of Building Inspection and Fire Department)...
Archived
Retaliatory eviction defense?
Jethro's answer
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Answered on March 09, 2016
California's retaliatory eviction statute may be found at Civil Code Section 1942.5 (retaliatory eviction may also be based on some other laws, but...
Do I have a case to get my late fee reversed?...
Jethro's answer
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Answered on March 09, 2016
Even if you were late (which it does not seem you were, although I have not reviewed the actual rental agreement, etc.), late fees are generally...
Does a landlord have responsibility over their tenants dogs and neighbors property damage
Jethro's answer
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Answered on March 09, 2016
Depending on the facts, you may have possible claims for nuisance (among other things), which would allow you to sue for both damages and an...
Archived
How can I terminate tenancy with a very difficult tenant without him thinking I'm retaliating for anything that he's done?
Jethro's answer
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Answered on March 09, 2016
You should have a good landlord's liability insurance policy (with coverage for claims for wrongful eviction) in place before trying to do...
Archived
Can I terminate 1 year lease for landlord violating right to privacy and quiet enjoyment?
Jethro's answer
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Answered on March 09, 2016
As you correctly note, California residential tenants have privacy rights and quiet enjoyment rights, which are implied by law into the rental...
Archived
Can a landlord put a tenant's pro-rated rental reimbursement toward alleged damages beyond those covered by a security deposit?
Jethro's answer
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Answered on March 09, 2016
Cal. Civil Code Section 1950.5 regulates security deposits in residential tenancies, and Section 1950.5(l) provides for recovery of both actual...
Archived
When can I begin discovery?
Jethro's answer
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Answered on March 09, 2016
A defendant normally has the right the right to begin discovery at any time. See e.g. Cal. Code of Civil Procedure Section 2030.020(a). Forms are...
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